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Carolyn Marcotte Crowley

She | Her | Hers

Partner

"With my background and experience as both an advisor and litigator, clients have remarked that they feel like they're getting two lawyers in one."

Overview

Biography

Carolyn advises a wide array of employer clients, including in the automotive, biotechnology, health care, consulting services, manufacturing, and hospitality services industries, on myriad employment issues, including allegations of discrimination, harassment, and other claims of wrongful conduct. She works with clients in responding to employee misconduct, including violations of employment agreements; restrictive covenants, including noncompetition and nonsolicitation agreements; and misappropriation of confidential information and trade secrets.

She also advises companies in connection with local, state, and federal laws applicable to the employment relationship, including all matters relating to the payment of wages and overtime, affirmative action, leaves of absence, medical, drug and alcohol testing, and privacy, to name a few. She counsels clients on ways to avoid litigation as well as pre-litigation strategy to best achieve their business goals.

Carolyn also serves as trial counsel in defending employers in discrimination, harassment, retaliation, wage-and-hour and overtime, wrongful discharge, and other employment-related lawsuits as well as in litigating noncompetition, nonsolicitation, and confidentiality disputes. She has been counsel in class-action lawsuits involving claims for overtime and other statutory compensation. 

In addition, Carolyn has a proven track record of handling complex matters pertaining to business-related disputes, unfair trade practices, and contract disputes. Carolyn is often retained by insurers to defend clients in various tort actions, including products-liability, personal-injury, and property-damage cases.

Bar Associations

  • Boston Bar Association, Member, 2019 Employment Law Conference Advisory Committee Member, and Former Law Day Steering Committee Member
  • Massachusetts Bar Association

Selected Memberships & Affiliations

  • Barclay Damon’s Women’s Forum
Experience

Representative Experience

Employment

  • Represented a major university in an arbitration involving a former professor's grievance that his notice of non-renewal was untimely and that he was entitled to another three-year contract. After nearly a four-day arbitration, we successfully obtained an arbitration award in favor of the university denying the former professor's grievance.
  • Represented a university in connection with age-discrimination and related state-law claims brought by a former professor. Obtained a dismissal of the claims, which was affirmed by the First Circuit.
  • Obtained dismissal of whistleblower and wrongful termination claims on behalf of a national amenities service provider in Ohio State Court.
  • Provides ongoing employment-related advice to a wide range of industries, including automotive biotechnology, health care, consulting services, manufacturing, and hospitality services.
  • Litigated discrimination claims resulting in the case being dismissed.
  • Litigated wage-and-hour claims and settled after mediation.

Litigation

  • Represented a national point-of-payment company in connection with several complaints filed at the Massachusetts Commission Against Discrimination by individual blind persons and the National Federation of the Blind alleging discriminatory conduct arising from a claimed lack of access to credit-card payment systems in taxis. Assisted the client in negotiating a favorable resolution of the matter and the dismissal of all existing claims.
  • Obtained summary judgment and affirmed on appeal on behalf of an international consumer-products company dismissing a multi-million dollar breach-of-contract action in Pennsylvania State Court.
  • Defended a health care company and sales executive in the Southern District of New York with respect to wide-ranging noncompetition and trade-secret issues.
  • Advised a local not-for-profit social-services organization regarding real estate tax abatement and exemption issues.
  • Counseled on a US Department of Labor investigation relating to the prudence of a profit-sharing plan’s investments.
  • First-chaired a pro bono civil-rights jury trial in the Northern District of New York.
  • Represented a privately held investment advisor with respect to investigations conducted by the US Securities Exchange Commission, the USDOL, the US Department of Justice, and the NYS Attorney General.
  • Represented a privately held investment advisor in numerous lawsuits consolidated in the Southern District of New York arising out of a major Ponzi scheme.
  • Successfully represented a national media company in a news aggregation copyright and trademark-infringement case.
  • Represented an advanced technology company and its board of directors sued in federal court by a private equity firm after the company declined to proceed with a proposed sale of its assets. After intensive litigation, all claims asserted against the defendants were dismissed on summary judgment.
  • Represented a life insurance company in an interpleader action brought to resolve competing beneficiary claims.
  • Represented a regional newspaper in a successful effort to gain public access to civil recommitment proceedings involving an individual who had been found not guilty of murder by reason of mental illness.
  • Successfully represented a national broad-line food service distributor in breach of contract and unfair trade practices litigation with a group purchasing organization.
  • Represented a major national point-of-sale hardware and solutions provider in a trade-secret action brought to address the misappropriation of the clients’ confidential proprietary formation by former employees.
  • Obtained preliminary injunctive relief to recover the information taken and later obtained permanent injunctive relief and damages.
  • Represented a national high-tech services provider in wage-and-hour class-action litigation brought by computer service technicians.
  • Represented a regional newspaper in a successful effort to gain public access to court filings and a hearing on a temporary abuse restraining order against a deputy chief of police.
  • Represented an insurance entity association in complex breach of contract and fiduciary duty litigation against a national insurance-services firm.
  • Represented two reporters of a regional newspaper who were issued subpoenas to testify at trial and reveal confidential sources, which they ultimately were not required to disclose.
  • Litigated securities class action and ERISA claims against investment advisor to pension and benefit funds arising out of the Madoff Ponzi scheme.

Tort Actions

  • Represented a mechanical subcontractor in multiparty litigation arising from the plaintiffs’ claims that the defendants performed negligent work in the construction of a condominium development.
  • Successfully obtained summary judgment for a manufacturing client in an asbestos matter.
  • Successfully defended multiple products-liability claims against a large tool and equipment retailer.

Prior Experience

  • Hiscock & Barclay, LLP, Senior Associate
  • Scibelli, Whiteley and Stanganelli, LLP, Associate
  • Suffolk County District Attorney’s Office, Certified Student Prosecutor
  • Department of Industrial Accidents, Workers’ Compensation Trust Fund, Clerk
  • Division of Administrative Law Appeals, Commonwealth of Massachusetts, Clerk

Selected Honors

  • The Best Lawyers in America®: Litigation – Labor and Employment, 2022
  • Boston Bar Association, President’s Award, 2014
Knowledge

Selected Speaking Engagements

  • Boston Bar Association Law Day in the Schools Program, "Free Speech, Free Press, Free Society"
  • Barclay Damon, "2019 Updates: MA Paid Family Medical Leave Law and NY Paid Family Leave Act" Webinar
  • Barclay Damon, “Restrictive Covenants and Noncompetition Law Developments: Are Noncompetition Agreements Still Enforceable?” Webinar

Selected Alerts & Blog Posts

Featured Media

Alerts

Third Circuit Ruling Recognizes Due Process Claim in Favor of Drug Distributors Subjected to Quasi-Governmental Credentialing Standards

Alerts

CPLR Article 52 Is Exclusive Vehicle to Challenge Use of Enforcement Procedures

Alerts

HHS OCR Issues Guidance on the Use of Remote Communication Technologies for Audio-Only Telehealth Services

Alerts

ADA Accessibility Lawsuits: Appellate Court Affirms Dismissal of Braille Gift Card Complaints

Alerts

Subchapter Five Debt Limit Update: What Was Down Is Heading Back Up!

Alerts

President Biden Uses Production Defense Act Authority to Suspend Tariffs on Solar Imports From China and Other Countries Amid Ongoing Commerce Probe

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